Affordability and job opportunities make South Dakota a popular place to work as a physical therapist. In fact, the state was recently listed as one of the top places to practice the profession. But you’ll need a state medical license, whether you’ll be practicing in Sioux Falls, Rapid City, or one of the many other beautiful towns in the state.
If your South Dakota physical therapist (PT) license is at risk, the LLF National Law Firm Professional Defense Team is here to help. Our team has experience with state licensing boards and can guide you through the process. Contact us today at 888-535-3686 or by filling out this confidential contact form.
Who Regulates Physical Therapists in South Dakota?
In South Dakota, physical therapist licensing goes through the South Dakota Board of Physical Therapy (SDBPT). The board oversees the licensure, investigation, and discipline of physical therapists and physical therapist assistants across the state.
The board is made up of seven governor-appointed members:
- Four have practiced physical therapy in South Dakota for at least five years
- One is a licensed South Dakota PT of any duration
- Two are members of the public with no connection to healthcare
Common Reasons for License Investigation
South Dakota PTs can be disciplined for a variety of reasons, ranging from minor to severe. Even a single complaint, which can come from members of the public or other practitioners, can launch an investigation that puts your license at risk.
Here are some of the most common allegations we see in physical therapy license defense cases in South Dakota:
- Using others to solicit clients: South Dakota prohibits the use of third parties to direct clients to your business.
- Betrayal of patient confidence: Willfully betraying client trust by disclosing confidential information can be a serious violation.
- Misleading or false information: Advertising your services using untruthful, exaggerated, or misleading claims is strictly prohibited.
- Criminal convictions: If you’re convicted of a felony or a less-severe crime connected to the practice of physical therapy, you can face disciplinary action. Your license could also be at risk if you commit a crime involving moral turpitude.
- Substance abuse or addiction: The board may discipline licensees for “habits of intemperance,” including alcohol abuse and drug addiction, if it affects your ability to practice safely.
- Physical or mental disability: If you sustain a disability that, in the board’s opinion, makes it dangerous for you to continue to practice, you could face licensing action.
- Falsified credentials: Presenting false credentials is grounds for disciplinary action. This includes fake certificates, degrees, or licenses obtained through fraudulent measures.
- Wrongful or fraudulent license: Obtaining a South Dakota physical therapy license through fraud or deception will result in revocation. This includes using unauthorized assistance to pass licensing exams.
South Dakota Physical Therapy Licensing Complaints
Board investigations typically start with a complaint, which must be submitted in writing through the approved form. The board will review the complaint and reach out to the filer with any questions. If the filer doesn’t respond, the complaint may be dropped without further action.
If the board decides to proceed based on the complaint, you will receive a copy of the form and be given 20 days to respond in writing. Based on your response, the board will usually assign an investigatory committee, which will include:
- The investigating board member
- Legal counsel
- Board staff
In some cases, though, the board dismisses a complaint outright. It might not meet the criteria for disciplinary action, or maybe it falls outside the board’s jurisdiction. If the investigator fails to find sufficient evidence of a violation, the complaint also can be dismissed during the investigation.
South Dakota Physical Therapy Licensing Investigations
The investigations process is confidential, with only you, the subject of the complaint, aware that it’s taking place. Additionally, all information you exchange with the board remains confidential, including your written responses and attached documentation.
Unfortunately, the investigation process can take some time, with the investigative committee talking to you, the person who filed the complaint, and any relevant witnesses. If the investigation unearths suspected violations, the board may issue a formal or informal disposition to quickly resolve it. Otherwise, you could face a formal hearing in front of the board, at which point sworn testimony will be required.
Formal Disciplinary Action
If the board decides to bring formal charges against your license, you’ll receive a notice of hearing within 20 days of the scheduled date. This notice will include a statement of the allegations against you. You must be present at the hearing unless you’re granted a waiver from the SDBPT. If not, the hearing will proceed in your absence.
The state physical therapy board has the discretion to take action against a licensee with sufficient evidence. Disciplinary actions South Dakota PT might face include:
- Letter of reprimand: For milder infractions, the board will issue a written reprimand.
- Probation: You’ll be allowed to continue to practice but with monitoring or restrictions in place.
- Suspension: You’ll be unable to practice for a predetermined timeframe.
- Revocation: You will permanently lose your license.
- Fines and fees: Financial penalties may be issued on their own or with other sanctions.
- Additional education: Some licensees may be assigned training or continuing education courses as a condition of continuing to practice.
The disciplinary process in South Dakota can be stressful, particularly if you don’t know what to expect. The LLF National Law Firm Team is familiar with licensing investigations and can guide you through the process.
South Dakota’s Impaired Practitioner Program
If you qualify, the board may refer you to the state’s Health Professionals Assistance Program (HPAP), which is designed to help healthcare practitioners with substance abuse and mental health issues.
Once you’ve completed the initial steps with HPAP, you’ll be monitored for a designated timeframe. This includes self-reporting and having a work monitor on site while you’re working. The program is geared toward getting healthcare professionals back on their feet so that they can safely practice medicine.
Continuing Education Requirements in South Dakota
To qualify to renew your South Dakota PT license, you’ll have to meet the board’s continuing education (CE) requirements. PT professionals in South Dakota need 30 CE hours every two years. The courses must be approved by the American Physical Therapy Association, the American Physical Therapy Association’s South Dakota chapter, the State Board of Physical Therapy, or a PT board in another state.
Whether you practice in Aberdeen, Brookings, or another area of the state, you can find a qualifying course near you. If attending class in person isn’t convenient, you can find online courses that will satisfy at least some of the state’s requirements.
Appealing Licensing Decisions in South Dakota
Board decisions aren’t final. You have the right to appeal the decision within 30 days of notification of the board’s decision. You’ll file your appeal in the circuit court of your county of residence. In some cases, the court will issue a stay on your penalties until your appeal can be heard, but otherwise, you’ll need to follow whatever sanctions the board issued until your court date.
During the hearing, you’ll be asked to state your case and present evidence, so it’s important to put time into preparing. The LLF National Law Firm Professional License Defense Team regularly mounts appeals for medical professionals. We can help you prepare your case and gather evidence in the days leading up to your hearing.
What to Do If Your South Dakota License Is At Risk
Receiving a notice of complaint from a medical board can be a deeply unsettling experience. Even if you feel that the accusations are baseless, it’s important to be as proactive as possible in defending your license.
Here’s what you should do if you receive a notice that your PT license is under review after a complaint:
- Don’t panic: Your first instinct may be to panic, but in legal matters, cooler heads prevail. Reach out to the LLF National Law Firm Team, and we’ll walk you through what to expect.
- Take it seriously: While you should remain calm, it’s also important to take any board action seriously. Even if the issue seems minor or you know you did nothing wrong, your license hinges on the board’s interpretation of the facts, not what you know is the truth.
- Do not contact the complainant: You may be tempted to reach out to the person who filed the complaint to straighten things out. But even if the person is a friend or close colleague, making contact could be viewed as witness tampering or unprofessional conduct.
- Review board communications carefully: Every notice should be reviewed from start to finish. Pay close attention to deadlines and the exact format the board is requesting when you craft your response.
- Consult the LLF National Law Firm Team immediately: Our license defense team can help with everything from drafting responses to mounting appeals. The earlier you get us involved in the process, the better.
- Keep records and notes: Document everything related to the complaint and subsequent investigation. That includes dates, patient communications, and your own recollections. As time goes on, the memories may become fuzzy, so it’s important to have everything on paper.
How We Help Physical Therapists
The LLF National Law Firm Professional License Defense Team understands how stressful a board investigation can be. It’s tough to know what to expect if you’ve never dealt with disciplinary action before. Here’s how our Team can help you with your PT license issues in South Dakota:
- License applications and disclosures: If you’re applying for a South Dakota physical therapist license with a criminal background or disciplinary history, our team can help with the disclosure process.
- Board communication: When the board reaches out to you for information, your response is crucial. We can help with drafting replies that support your case.
- Evidence review and strategy: We’ll take a look at the allegations and go through any supporting documentation and evidence you have. Our defense will be tailored to your unique situation.
- Consent agreement negotiation: In many cases, our experienced attorneys can negotiate a settlement before your case progresses to the hearing phase. Settlements can also result in less severe sanctions.
- Preparing for hearings: If you do need to appear in front of the board, we’ll help you gather evidence and craft a compelling statement.
- Mounting appeals: When a decision doesn’t go in your favor, we can help you file an appeal to either rescind or reduce your sanctions.
Consequences of Board Action
You’ve worked hard for your license, so you’ll want to protect it as much as possible. Even if you retain your license at the end of the process, the smallest sanctions can have a long-term impact on your career.
Here are some negative consequences you could face as a result of action against your physical therapy license:
- Professional reputation damage: Your disciplinary action may be posted on the State of South Dakota website and, in some cases, in news articles. This can hurt your reputation and hamper future career opportunities.
- National database notations: South Dakota disciplinary action is reported to the Federation of State Boards of Physical Therapy and the National Practitioner Data Bank. These databases are monitored by licensing boards and employers nationwide, potentially getting in the way of your plans for multistate practice.
- Employment consequences: Even if you keep your license, your employer may choose to terminate your employment or place limitations on your interactions with patients.
- Loss of insurance paneling: Insurers, including Medicaid and Medicare, may remove you from their provider panels, making it tough for you to bill for your services.
- Education and/or Monitoring Requirements: The board may require you to complete additional coursework, undergo drug or mental health testing, or report regularly to the board during your probationary period. This can take time out of your busy schedule.
Disciplinary action can be far-reaching, highlighting the importance of defending your license from the start. Our Team is prepared to help you present the best case possible to the board.
The LLF National Law Firm Is On Your Side
If you’re a physical therapist in South Dakota facing disciplinary action, the LLF National Law Firm Professional License Defense Team can help. We’ll discuss your rights and your options, as well as what to expect from the investigation and any resulting hearings. Contact us today at 888-535-3686 or get in touch by completing this form.